Sleep apnea decisions — 2020

The Veteran's tinnitus and diabetes mellitus, type II are granted service connection. Service connection for bilateral hearing loss, lumbosacral strain with degenerative arthritis (claimed as lower lumbar condition), right foot condition, and left foot condition is denied.,Service connection for diabetes mellitus, type II is granted. Service connection for tinnitus, bilateral hearing loss, lumbosacral strain with degenerative arthritis (claimed as lower lumbar condition), right foot condition, and left foot condition is denied.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and is therefore granted service connection.

The Veteran's left ear hearing loss is granted as it was shown to be related to service. The Veteran's tinnitus is also granted, with the opinion that it began during active service.,Service connection for left knee tendonitis and obstructive sleep apnea (secondary to PTSD) are denied.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it did not have its onset during service or be otherwise causally related to his service-connected posttraumatic stress disorder.

The Veteran's claims for service connection for various conditions, including rheumatoid arthritis, right hip synovitis, meralgia paresthetica of the lower extremities, degenerative arthritis with spondylosis of the lumbar spine, and chronic headaches have been granted. The claim for service connection for hearing loss has been denied. The Veteran's claims for service connection for PTSD, alcohol use disorder, and major depression have been denied.

The Board has remanded the claims for service connection for sleep apnea, a respiratory disability, headaches, and chronic fatigue syndrome due to their relationship with undiagnosed illnesses. The Veteran needs additional examinations to determine if he has current disabilities related to these conditions.

The Veteran's appeal is remanded for further development on multiple issues, including service connection for a left elbow disability and rating increases for his spine disabilities.

The Board has remanded several issues related to service connection, including for COPD and obstructive sleep apnea. The Veteran's claims are being reopened due to the submission of new evidence.

The Veteran's lumbosacral spine disability is rated at 20 percent effective October 11, 2001. Effective February 27, 2003, separate ratings of noncompensable and 10 percent are assigned for intermittent bowel incontinence and intermittent bladder incontinence due to low back pain, respectively. Effective November 1, 2014, a 40 percent rating is granted for radiculopathy of the bilateral lower extremities.

The Board has determined that the Veteran does not have erectile dysfunction or any other service-connected conditions. The reduction in disability ratings for degenerative arthritis of the lumbar spine and cubital/carpal tunnel syndromes, ulnar and median nerves, right wrist is found to be improper due to inadequate VA examination reports.

The Veteran's asthma, obstructive sleep apnea, and posttraumatic headaches have been granted service connection. The Veteran is also granted an initial rating of 10 percent for his posttraumatic headaches. However, the Veteran's right and left knee disabilities are not rated higher than 10 percent.

The Board denied service connection for obstructive sleep apnea, hypertension, type II diabetes mellitus (diabetes), and folliculitis as the evidence did not support a causal relationship between these conditions and service or any service-connected disability.

The Board denied service connection for a low back disorder, finding that the Veteran's current conditions were not incurred in or caused by his period of active service.

The Board has dismissed the Veteran's appeals for service connection for rhinitis and sinusitis, as well as his application to reopen claims for sleep apnea and VA compensation for a dental disability. The Board also granted the reopening of these claims and awarded service connection for a dental disability. Service connection was denied for irritable bowel syndrome, neck disability, and sleep apnea. A compensable rating for hemorrhoids was denied, but TDIU was granted.

The Board has decided that the Veteran's OSA should be remanded for further examination and opinion to determine its onset, relationship to service, and whether it is related to his service-connected disabilities.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea (OSA) due to its inextricability with his pending claims for service connection of an acquired psychiatric disability and diabetes mellitus. A new VA examination is required to determine if OSA was caused or aggravated by these conditions.

The Board has remanded the claims for service connection for a psychiatric disorder, an initial rating for lumbosacral strain, spondylolisthesis, levoscoliosis, anterior wedging T10-12, and total disability rating based on individual unemployability due to outstanding development needed.

The Board has remanded several issues for further development, including service connection claims and rating determinations. The appellant's type 2 diabetes mellitus is now service connected due to presumed exposure to herbicide agents in Vietnam.

The Board has remanded the cases of sleep apnea and colorectal cancer for further development as per the Joint Motion for Partial Remand (JMPR). The Veteran must be afforded new VA examinations to address the issues of service connection, with opinions on etiology and aggravation.

The Board has remanded the claims for bilateral hearing loss, lumbosacral spine disability, and radiculopathy of the right lower extremity due to deficiencies in prior examinations and lack of substantial compliance with previous remand instructions.